So far, we’ve taken a look at hearings in juvenile court as well as school board hearings. While there are important distinctions, there are also situations where the two proceedings may overlap. This week’s blog examines the similarities and differences between juvenile court and school board hearings.

The main difference is that juvenile court hearings are criminal proceedings, while school board hearings are administrative. Cases in juvenile court involve violations of Georgia’s juvenile code, the set of laws that relate to criminal acts committed by minors. While the goal of the juvenile code is to rehabilitate young offenders, serious offenses can result in detention in a youth detention facility. By contrast, school board hearings involve violations of a school’s code of conduct. A finding of a violation may result in disciplinary action such as expulsion or suspension from school or other similar discipline.

Despite these differences, the two proceedings can overlap if a student’s violation of a school code is also a criminal offense. For example, possession of marijuana on school grounds violates a school’s code of conduct and is also a criminal offense. In these cases, a student may be subject to both a school board hearing and a delinquency charge in juvenile court. For very serious offenses, such as violent acts, school administrators may even be required to report the student’s misconduct to appropriate legal authorities.

It is important to understand both school board discipline and juvenile court cases because both proceedings can negatively impact a child’s future. This is particularly true if a student is 17 or older since they can be treated as adults under Georgia law. To be treated as an adult, the student must be charged with certain violent offenses, including murder, aggravated sexual battery, and armed robbery committed with a firearm. Even if the student’s violation is less serious, it still may appear on his or her school record.

Whether your child is facing school board discipline or a juvenile court hearing, retaining a juvenile defense attorney to represent your child is essential. In addition to consulting a lawyer, there are also steps parents can take to prepare for their child’s hearing and to stay actively engaged and informed about their child’s case. To learn more, read next week’s blog on tips for preparing for your child’s hearing.

 I recently discussed hearings in juvenile court. However, juvenile defense issues also come into play in another setting – school board hearings.

School board hearings, sometimes called “tribunals”, take place when a school believes a student violated its student code of conduct and serious disciplinary action is required. Student codes contain basic standards for student behavior, define violations, and set forth appropriate disciplinary actions. Schools must provide these codes to students and their parents each year.

While school officials can discipline students for minor violations, school board hearings are held when the violation warrants serious, long-term disciplinary action such as suspension or expulsion. Under Georgia law, a school cannot expel or suspend a student for more than 10 days without first conducting a hearing.

The hearing process begins when the school sends a notice to the student and his or her parents. This notice contains important information about the time and date of the hearing, any instructions that parents may need, and information about witnesses the school intends to rely on. Parents can (and should) retain an attorney, and must notify the school prior to the hearing date so that the school can bring its own attorney. While it is not required for a student to have a lawyer, it is advisable since attorneys can often negotiate to settle the case without having to conduct a hearing, which often leads to the best outcome.

A hearing officer or panel of officers will conduct the hearing. A hearing officer is someone who has no personal relationship with the student and no prior knowledge of the incident. Similar to a trial in court, each side will have an opportunity to present evidence, including witnesses. After each side has had a chance to explain their case, the hearing officer decides whether the student committed a violation of the student code and the appropriate discipline.

While school board hearings may not seem as serious as juvenile court proceedings, disciplinary action before a school board can have serious consequences for a child’s future and may also lead to a complaint in juvenile court. To understand the similarities and differences of school board hearings and juvenile court hearings, please stay tuned for the next installment of my blog!